9 BOARD OF NURSING GENERAL PROVISIONS Board of nursing; appointment; terms; vacancies; qualification; duties and powers; executive administrator and other employees; rules and regulations; compensation and expenses. (a) Appointment, term of office (1) The governor shall appoint a board consisting of 11 members of which six shall be registered professional nurses, two shall be licensed practical nurses, and three shall be members of the general public, which shall constitute a board of nursing, with the duties, power and authority set forth in this act. (2) Upon the expiration of the term of any registered professional nurse, the Kansas state nurses association shall submit to the governor a list of registered professional nurses containing names of not less than three times the number of persons to be appointed, and appointments shall be made after consideration of such list for terms of four years and until a successor is appointed and qualified. (3) On the effective date of this act, the Kansas federation of licensed practical nurses shall submit to the governor a list of licensed practical nurses containing names of not less than three times the number of persons to be appointed, and appointments shall be made after consideration of such list for a term of four years and until a successor is appointed and qualified. (4) Each member of the general public shall be appointed for a term of four years and successors shall be appointed for a like term. (5) Whenever a vacancy occurs on the board of nursing, it shall be filled by appointment for the remainder of the unexpired term in the same manner as the preceding appointment. No person shall serve more than two consecutive terms as a member of the board of nursing and appointment for the remainder of an unexpired term shall constitute a full term of service on such board. (b) Qualifications of members. Each member of the board shall be a citizen of the United States and a resident of the state of Kansas. Registered professional nurse members shall possess a license to practice as a professional nurse in this state with at least five years experience in nursing as such and shall be actively engaged in professional nursing in Kansas at the time of appointment and reappointment. The licensed practical nurse members shall be licensed to practice practical nursing in the state with at least five years experience in practical nursing and shall be actively engaged in practical nursing in Kansas at the time of appointment and reappointment. The governor shall appoint successors so that the registered professional nurse membership of the board shall consist of at least two members who are engaged in nursing service, at least two members who are engaged in nursing education and at least one member who is engaged in practice as an advanced practice registered nurse or a registered nurse anesthetist. The consumer members shall represent the interests of the general public. At least one consumer member shall not have been involved in providing health care. Each member of the board shall take and subscribe the oath prescribed by law for state officers, which oath shall be filed with the secretary of state. (c) Duties and powers. (1) The board shall meet annually at Topeka during the month of September and shall elect from its members a president, vice-president and secretary, each of whom shall hold their respective offices for one year. The board shall employ an executive administrator, who shall be a registered professional nurse, who shall not be a member of the board and who shall be in the unclassified service under the Kansas civil service act, and shall employ such other employees, who shall be in the classified service under the Kansas civil service act as necessary to carry on the work of the board. As necessary, the board shall be represented by an attorney appointed by the attorney general as provided by law, whose compensation shall be determined and paid by the board with the approval of the governor. The board may hold such other meetings during the year as may be deemed necessary to transact its business. (2) The board shall adopt rules and regulations consistent with this act necessary to carry into effect the provisions thereof, and such rules and regulations may be published and copies thereof furnished to any person upon application. (3) The board shall prescribe curricula and standards for professional and practical nursing programs and mental health technician programs, and provide for surveys of such schools and courses at such times as it may deem necessary. It shall accredit such schools and approve courses as meet the requirements of the appropriate act and rules and regulations of the board. (4) The board shall examine, license and renew licenses of duly qualified applicants and conduct hearings upon charges for limitation, suspension or revocation of a license or approval of professional and practical nursing and mental health technician programs and may limit, deny, suspend or revoke for proper legal cause, licenses or approval of professional and practical nursing and mental health technician programs, as hereinafter provided. Examination for applicants for registration shall be given at least twice each year and as many other times as deemed necessary by 1

10 the board. The board shall promote improved means of nursing education and standards of nursing care through institutes, conferences and other means. (5) The board shall have a seal of which the executive administrator shall be the custodian. The president and the secretary shall have the power and authority to administer oaths in transacting business of the board, and the secretary shall keep a record of all proceedings of the board and a register of professional and practical nurses and mental health technicians licensed and showing the certificates of registration or licenses granted or revoked, which register shall be open at all times to public inspection. (6) The board may enter into contracts as may be necessary to carry out its duties. (7) The board is hereby authorized to apply for and to accept grants and may accept donations, bequests or gifts. The board shall remit all moneys received by it under this paragraph (7) to the state treasurer in accordance with the provisions of K.S.A , and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the grants and gifts fund which is hereby created. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the board or a person designated by the president. (8) A majority of the board of nursing including two professional nurse members shall constitute a quorum for the transaction of business. (d) Subpoenas. In all investigations and proceedings, the board shall have the power to issue subpoenas and compel the attendance of witnesses and the production of all relevant and necessary papers, books, records, documentary evidence and materials. Any person failing or refusing to appear or testify regarding any matter about which such person may be lawfully questioned or to produce any books, papers, records, documentary evidence or relevant materials in the matter, after having been required by order of the board or by a subpoena of the board to do so, upon application by the board to any district judge in the state, may be ordered by such judge to comply therewith. Upon failure to comply with the order of the district judge, the court may compel obedience by attachment for contempt as in the case of disobedience of a similar order or subpoena issued by the court. A subpoena may be served upon any person named therein anywhere within the state with the same fees and mileage by an officer authorized to serve subpoenas in civil actions in the same procedure as is prescribed by the code of civil procedure for subpoenas issued out of the district courts of this state. (e) Compensation and expenses. Members of the board of nursing attending meetings of such board, or attending a subcommittee meeting thereof authorized by such board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A , and amendments thereto. No member of the board of nursing shall be paid an amount as provided in K.S.A , and amendments thereto, if such member receives an amount from another governmental or private entity for the purpose for which such amount is payable under K.S.A , and amendments thereto. History: (L. 1949, ch. 331, 2; L. 1956, ch. 52, 15; L. 1957, ch. 431, 11; L. 1963, ch. 314, 10; L. 1965, ch. 506, 38; L. 1967, ch. 434, 26; L. 1973, ch. 309, 25; L. 1973, ch. 310, 1; L. 1974, ch. 348, 49; L. 1975, ch. 316, 12; L. 1978, ch. 308, 54; L. 1980, ch. 235, 1; L. 1986, ch. 233, 5; L. 1987, ch. 234, 2; L. 1988, ch. 331, 7; L. 1992, ch. 116, 34; L. 1993, ch. 194, 7; L. 1997, ch. 146, 5; L. 2000, ch. 113, 5; L. 2001, ch. 5, 301; L. 2001, ch. 161, 12; L. 2007, ch. 115, 1; L. 2011, ch. 114, 70; Jan. 1, 2012.) Board of Nursing fee fund. The executive administrator of the board of nursing shall remit all moneys received by the board from fees, charges or penalties, other than moneys received under K.S.A , and amendments thereto, to the state treasurer in accordance with the provisions of K.S.A , and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the board of nursing fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the board or by a person or persons designated by the president. History: (L. 1973, ch. 309, 26; L. 1983, ch. 206, 13; L. 1986, ch. 286, 1; L. 2001, ch. 5, 302; L. 2011, ch. 53, 43; July 1.) Fees for institutes, conferences and other educational programs offered by board; education conference fund. The board of nursing is hereby authorized to fix, charge and collect fees for institutes, conferences and other educational programs offered by the board under subsection (c)(4) of K.S.A and amendments thereto. The fees shall be fixed in order to recover the cost to the board for providing such programs. The executive administrator of the board shall remit all moneys received by the board from fees collected under this section to the state treasurer in accordance with the provisions of K.S.A , and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the education conference fund which is hereby created. All expenditures from such fund shall be for the 2

11 operating expenditures of providing such programs and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the board or by a person designated by the president. History: (L. 1986, ch. 286, 2; L. 2001, ch. 5, 303; July 1.) Civil fine. The board of nursing, in addition to any other penalty prescribed by law, may assess a civil fine, after proper notice and an opportunity to be heard, against any person granted a license, certificate of qualification or authorization to practice by the board of nursing for a violation of a law or rule and regulation applicable to the practice for which such person has been granted a license, certificate of qualification or authorization by the board in an amount not to exceed $1,000 for the first violation, $2,000 for the second violation and $3,000 for the third violation and for each subsequent violation. All fines assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A , and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund. History: (L. 1992, ch. 151, 6; L. 2001, ch. 5, 304; July 1.) Assistant attorney general to represent board in proceedings or litigation arising from discharge of board duties; appointment; salary. (a) The attorney general shall appoint, with the approval of the board of nursing, an assistant attorney general who shall carry out the duties under subsection (b). The attorney shall receive an annual salary fixed by the attorney general with the approval of the board of nursing. The salary shall be paid from moneys appropriated to the board of nursing in the board of nursing fee fund. (b) The assistant attorney general appointed under subsection (a) shall represent the board of nursing in any proceedings or litigation that may arise in the discharge of the duties of the board of nursing and shall perform such other duties of a legal nature as may be directed by the board of nursing. History: (L. 1993, ch. 194, 19; July 1.) Applicant for licensure as a professional nurse, practical nurse or mental health technician to be fingerprinted and submit to a state and national criminal history record check. (a) The board of nursing may require an original applicant for licensure as a professional nurse, practical nurse or mental health technician to be fingerprinted and submit to a state and national criminal history record check. The fingerprints shall be used to identify the applicant and to determine whether the applicant has a record of criminal history in this state or other jurisdictions. The board of nursing is authorized to submit the fingerprints to the Kansas bureau of investigation and the federal bureau of investigation for a state and national criminal history record check. The board of nursing may use the information obtained from fingerprinting and the applicant s criminal history for purposes of verifying the identification of any applicant and in the official determination of character and fitness of the applicant for any licensure to practice professional or practical nursing or mental health technology in this state. (b) Local and state law enforcement officers and agencies shall assist the board of nursing in taking and processing of fingerprints of applicants to practice professional or practical nursing or mental health technology in this state and shall release all records of adult convictions and non convictions and adult convictions or adjudications of another state or country to the board of nursing. (c) The board shall fix a fee for fingerprinting of applicants or licensees, or both, as may be required by the board in an amount necessary to reimburse the board for the cost of the fingerprinting. Fees collected under this subsection shall be deposited in the criminal background and fingerprinting fund. (d) There is hereby created in the state treasury the criminal background and fingerprinting fund. All moneys credited to the fund shall be used to pay the Kansas bureau of investigation for the processing of fingerprints and criminal history background checks for the board of nursing. The fund shall be administered by the board of nursing. All expenditures from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the board or a person designated by the president. History: (L. 2008, ch. 154, 5; July 1.) 3

12 PROFESSIONAL AND PRACTICAL NURSES STATUTES Definitions. When used in this act and the act of which this section is amendatory: (a) Board means the board of nursing. (b) Diagnosis in the context of nursing practice means that identification of and discrimination between physical and psychosocial signs and symptoms essential to effective execution and management of the nursing regimen and shall be construed as distinct from a medical diagnosis. (c) Treatment means the selection and performance of those therapeutic measures essential to effective execution and management of the nursing regimen, and any prescribed medical regimen. (d) Practice of Nursing. (1) The practice of professional nursing as performed by a registered professional nurse for compensation or gratuitously, except as permitted by K.S.A , and amendments thereto, means the process in which substantial specialized knowledge derived from the biological, physical, and behavioral sciences is applied to: the care, diagnosis, treatment, counsel and health teaching of persons who are experiencing changes in the normal health processes or who require assistance in the maintenance of health or the prevention or management of illness, injury or infirmity; administration, supervision or teaching of the process as defined in this section; and the execution of the medical regimen as prescribed by a person licensed to practice medicine and surgery or a person licensed to practice dentistry. (2) The practice of nursing as a licensed practical nurse means the performance for compensation or gratuitously, except as permitted by K.S.A , and any amendments thereto, of tasks and responsibilities defined in part (1) of this subsection (d) which tasks and responsibilities are based on acceptable educational preparation within the framework of supportive and restorative care under the direction of a registered professional nurse, a person licensed to practice medicine and surgery or a person licensed to practice dentistry. (e) A professional nurse means a person who is licensed to practice professional nursing as defined in part (1) of subsection (d) of this section. (f) A practical nurse means a person who is licensed to practice practical nursing as defined in part (2) of subsection (d) of this section. (g) Advanced practice registered nurse or APRN means a professional nurse who holds a license from the board to function as a professional nurse in an advanced role, and this advanced role shall be defined by rules and regulations adopted by the board in accordance with K.S.A , and amendments thereto. History: (L. 1949, ch. 331, 1; L. 1963, ch. 314, 1; L ch. 316, 1; 1978, ch. 240, 1; L. 1980, ch. 186, 1, L. 1983, ch. 206, 6; L. 2011, ch. 114, 39; Jan. 1, 2012.) Unlawful acts. (a) It shall be unlawful for any person: (1) To practice or to offer to practice professional nursing in this state; (2) to use any title, abbreviation, letters, figures, sign, card or device to indicate that any person is a registered professional nurse; (3) to practice or offer to practice practical nursing in this state; or (4) to use any title, abbreviation, letters, figures, sign, card or device to indicate that any person is a licensed practical nurse, unless such person has been duly licensed under the provisions of this act. (b) It shall be unlawful for any person: (1) To practice or offer to practice as an advanced practice registered nurse in this state; or (2) to use any title, abbreviation, letters, figures, sign, card or device to indicate that any person is an advance practice registered nurse, unless such person has been duly issued a license as an advanced practice registered nurse under the Kansas nurse practice act. History: (L. 1949, ch.331, 3, L. 1975, ch. 316, 2; L. 1978, ch. 240; 3; L. 1983, ch. 206, 7; L. 2011, ch. 114, 40; Jan. 1, 2012.) Licensure of professional nurses; qualifications of applicants; examination; refresher course; renewal license; title and abbreviation; temporary permit; exempt license. (a) Qualifications of applicants. An applicant for a license to practice as a registered professional nurse shall: (1) have graduated from an approved school of professional nursing in the United States or its territories or from a school of professional nursing in a foreign country which is approved by the board as defined in rules and regulations; (2) have obtained other qualifications not in conflict with this act as the board may prescribe by rule and regulation; and 4

13 (3) file with the board written application for a license. (b) Applicant deficient in qualifications. If the board finds in evaluating any applicant that such applicant is deficient in qualification or in the quality of such applicant s educational experience, the board may require such applicant to fulfill such remedial or other requirements as the board may prescribe. (c) License. (1) The board shall issue a license to an applicant to practice as a registered professional nurse who has: (A) Met the qualifications set forth in subsections (a) and (b); (B) passed a written examination as prescribed by the board; and (C) no disqualifying factors under K.S.A and amendments thereto. (2) The board may issue a license to practice nursing as a registered professional nurse to an applicant who has been duly licensed as a registered professional nurse by examination under the laws of another state or territory if, in the opinion of the board, the applicant meets the qualifications required of a registered professional in this state. Verification of the applicant s licensure status shall be required from the original state of licensure. (3) Refresher course. Notwithstanding the provisions of subsections (a) and (b), an applicant for a license to practice as a registered professional nurse who has not been licensed to practice professional nursing for five years preceding application shall be required to successfully complete a refresher course as defined by the board. (4) Renewal license. A licensed professional nurse licensed under this act shall be eligible for renewal licenses upon compliance with K.S.A and amendments thereto. (5) Licensure examination within 24 months of graduation. (A) Persons who do not take the licensure examination within 24 months after graduation shall petition the board for permission prior to taking the licensure examination. The board may require the applicant to submit and complete a plan of study prior to taking the licensure examination. (B) Persons who are unsuccessful in passing the licensure examination within 24 months after graduation shall petition the board for permission prior to subsequent attempts. The board may require the applicant to submit and complete a plan of study prior to taking the licensure examination a subsequent time. The study plan shall contain subjects related to deficiencies identified on the failed examination profiles. (6) An application for initial licensure or endorsement will be held awaiting completion of meeting qualifications for a time period specified in rules and regulations. (d) Title and abbreviation. Any person who holds a license to practice as a registered professional nurse in this state shall have the right to use the title, registered nurse, and the abbreviation, R.N. No other person shall assume the title or use the abbreviation or any other words, letters, signs or figures to indicate that the person is a registered professional nurse. (e) Temporary permit. The board may issue a temporary permit to practice nursing as a registered professional nurse for a period not to exceed 120 days. A temporary permit for 120 days may be issued to an applicant for licensure as a registered professional nurse who is a graduate of a professional school of nursing in a foreign country after verification of licensure in that foreign country and approval of educational credentials. (f) Exempt license. The board may issue an exempt license to any licensee as defined in rules and regulations who makes written application for such license on a form provided by the board, who remits a fee as established pursuant to K.S.A and amendments thereto and who is not regularly engaged in the practice of professional nursing in Kansas but volunteers professional nursing service or is a charitable health care provider as defined by K.S.A and amendments thereto. Each exempt licensee shall be subject to all provisions of the nurse practice act, except as otherwise provided in this subsection (f). Each exempt license may be renewed biennially subject to the provisions of this section. The holder of the exempt license shall not be required to submit evidence of satisfactory completion of a program of continuing nursing education for renewal. To convert an exempt license to an active license, the exempt licensee shall meet all the requirements of subsection (c) or K.S.A and amendments thereto. The board shall have authority to write rules and regulations to carry out the provisions of this section. History: (L. 1949, ch. 331, 4; L. 1963, ch 314, 2; L. 1968, ch. 231, 1; L 1972, ch. 231, 9; L. 1975, ch. 316, 3; L. 1982, ch. 261, 1; L. 1983, ch. 207, 1; L. 1986, ch. 233, 1; L. 1990, ch. 221, 1; L. 1992, ch. 151, 1; L. 1993, ch. 194, 9; L. 1994, ch. 149, 1; L. 1997, ch. 158, 1; L. 1999, ch. 84, 1; L. 2001, ch. 161, 1; L. 2009, ch. 81, 1; July 1.) 5

14 Licensure of practical nurses; qualifications of applicants; examination; refresher course; renewal license; title and abbreviation; temporary permit; exempt license. (a) Qualification. An applicant for a license to practice as a licensed practical nurse shall: (1) Have graduated from an approved school of practical nursing or professional nursing in the United States or its territories or from a school of practical nursing or professional nursing in a foreign country which is approved by the board as defined in rules and regulations; (2) have obtained other qualifications not in conflict with this act as the board may prescribe by rule and regulation; and (3) file with the board a written application for a license. (b) If the board finds in evaluating any applicant that such applicant is deficient in qualification or in the quality of such applicant's educational experience, the board may require such applicant to fulfill such remedial or other requirements as the board may prescribe. (c) License. (1) The board shall issue a license to an applicant to practice as a practical nurse who has: (A) Met the qualifications set forth in subsections (a) and (b); (B) passed a written examination as prescribed by the board; and (C) no disqualifying factors under K.S.A and amendments thereto. (2) The board may issue a license to practice nursing as a practical nurse to an applicant who has been duly licensed as a practical nurse by examination under the laws of another state or territory if, in the opinion of the board, the applicant meets the qualifications required of a practical nurse in this state. Verification of the applicant's licensure status shall be required from the original state of licensure. (3) The board may authorize the educational requirement under subsection (a)(1) to be waived for an applicant who has attained a passing score on the national council licensure examination for practical nurses and provided evidence to the board of such applicant's practical nursing experience with the military. To qualify for such a waiver, the applicant must have been a member of the army, navy, marine corps, air force, air or army national guard, coast guard or any branch of the military reserves of the United States, and separated from such military service with an honorable discharge. If such applicant was separated from such military service with a general discharge under honorable conditions and meets the requirements of this paragraph, the board may authorize the educational requirements under subsection (a)(1) be waived. (4) Refresher course. Notwithstanding the provisions of subsections (a) and (b), an applicant for a license to practice as a licensed practical nurse who has not been licensed to practice practical nursing for five years preceding application shall be required to successfully complete a refresher course as defined by the board. (5) Renewal license. A licensed practical nurse licensed under this act shall be eligible for renewal licenses upon compliance with K.S.A and amendments thereto. (6) Licensure examination within 24 months of graduation. (A) Persons who do not take the licensure examination within 24 months after graduation shall petition the board for permission prior to taking the licensure examination. The board may require the applicant to submit and complete a plan of study prior to taking the licensure examination. (B) Persons who are unsuccessful in passing the licensure examination within 24 months after graduation shall petition the board for permission prior to subsequent attempts. The board may require the applicant to submit and complete a plan of study prior to taking the licensure examination a subsequent time. The study plan shall contain subjects related to deficiencies identified on the failed examination profiles. (7) An application for initial licensure or endorsement will be held awaiting completion of meeting qualifications for a time period specified in rules and regulations. (d) Title and abbreviation. Any person who holds a license to practice as a licensed practical nurse in this state shall have the right to use the title, licensed practical nurse, and the abbreviation, L.P.N. No other person shall assume the title or use the abbreviation or any other words, letters, signs or figures to indicate that the person is a licensed practical nurse. (e) Temporary permit. The board may issue a temporary permit to practice nursing as a licensed practical nurse for a period not to exceed 120 days. A temporary permit for 120 days may be issued to an applicant for licensure as a licensed practical nurse who is a graduate of a practical school of nursing in a foreign country after verification of licensure in that foreign country and approval of educational credentials. (f) Exempt license. The board may issue an exempt license to any licensee as defined in rules and regulations who makes written application for such license on a form provided by the board, who remits a fee as established pursuant to K.S.A and amendments thereto and who is not regularly engaged in the practice of practical nursing in Kansas but volunteers practical nursing service or is a charitable health care provider as defined by K.S.A and amendments thereto. Each exempt licensee shall 6

15 be subject to all provisions of the nurse practice act, except as otherwise provided in this subsection (f). Each exempt license may be renewed biennially subject to the provisions of this section. The holder of the exempt license shall not be required to submit evidence of satisfactory completion of a program of continuing nursing education for renewal. To convert an exempt license to an active license, the exempt licensee shall meet all the requirements of subsection (c) or K.S.A and amendments thereto. The board shall have authority to write rules and regulations to carry out the provisions of this section. History: (L. 1949, ch. 331, 5; L. 1963, ch. 314, 3; L. 1968, ch. 231, 2; L. 1975, ch. 316, 4; L. 1982, ch. 261, 2; L. 1983, ch. 207, 2; L. 1986, ch. 233, 2; L. 1990, ch. 221, 2; L. 1992, ch. 151, 2; L. 1993, ch. 194, 10; L. 1994, ch. 149, 2; L. 1997, ch. 158, 2; L. 1999, ch. 84, 2; L. 2001, ch. 161, 2; L. 2009, ch. 81, 2; L. 2013, ch. 95, 3; July 1.) Renewal of license; inactive license, fee; continuing education requirements; rules and regulations; reinstatement of lapsed license; notification of change in name or address or criminal conviction. (a) All licenses issued under the provisions of this act, whether initial or renewal, shall expire every two years. The expiration date shall be established by the rules and regulations of the board. The board shall send a notice for renewal of license to every registered professional nurse and licensed practical nurse at least 60 days prior to the expiration date of such person s license. Every person so licensed who desires to renew such license shall file with the board, on or before the date of expiration of such license, a renewal application together with the prescribed biennial renewal fee. Every licensee who is no longer engaged in the active practice of nursing may so state by affidavit and submit such affidavit with the renewal application. An inactive license may be requested along with payment of a fee which shall be fixed by rules and regulations of the board. Except for the first renewal for a license that expires within 30 months following licensure examination or for renewal of a license that expires within the first nine months following licensure by reinstatement or endorsement, every licensee with an active nursing license shall submit with the renewal application evidence of satisfactory completion of a program of continuing nursing education required by the board. The board by duly adopted rules and regulations shall establish the requirements for such program of continuing nursing education. Continuing nursing education means learning experiences intended to build upon the educational and experiential bases of the registered professional and licensed practical nurse for the enhancement of practice, education, administration, research or theory development to the end of improving the health of the public. Upon receipt of such application, payment of fee, upon receipt of the evidence of satisfactory completion of the required program of continuing nursing education and upon being satisfied that the applicant meets the requirements set forth in K.S.A or and amendments thereto in effect at the time of initial licensure of the applicant, the board shall verify the accuracy of the application and grant a renewal license. (b) Any person who fails to secure a renewal license within the time specified herein may secure a reinstatement of such lapsed license by making verified application therefor on a form provided by the board, by rules and regulations, and upon furnishing proof that the applicant is competent and qualified to act as a registered professional nurse or licensed practical nurse and by satisfying all of the requirements for reinstatement including payment to the board of a reinstatement fee as established by the board. A reinstatement application for licensure will be held awaiting completion of such documentation as may be required, but such application shall not be held for a period of time in excess of that specified in rules and regulations. (c) (1) Each licensee shall notify the board in writing of (A) a change in name or address within 30 days of the change or (B) a conviction of any felony or misdemeanor, that is specified in rules and regulations adopted by the board, within 30 days from the date the conviction becomes final. (2) As used in this subsection, conviction means a final conviction without regard to whether the sentence was suspended or probation granted after such conviction. Also, for the purposes of this subsection, a forfeiture of bail, bond or collateral deposited to secure a defendant s appearance in court, which forfeiture has not been vacated, shall be equivalent to a conviction. Failure to so notify the board shall not constitute a defense in an action relating to failure to renew a license, nor shall it constitute a defense in any other proceeding. History: (History: L. 1949, ch. 331, 6; L. 1975, ch. 316, 5; L. 1976, ch. 274, 1; L. 1978, ch. 240, 4; L. 1980, ch. 187, 1; L. 1983, ch. 206, 8; L. 1988, ch. 242, 1; L. 1993, ch. 194, 11; L. 1995, ch. 97, 1; L. 1997, ch. 146, 1; L. 2007, ch. 99, 1; L. 2011, ch. 114, 79; June 9.) Fees. (a) The Board shall collect in advance fees provided for in this act as fixed by the board, but not exceeding: Application for license professional nurse... $75.00 Application for license practical nurse

16 Application for biennial renewal of license professional nurse and practical nurse Application for reinstatement of license Application for reinstatement of licenses with temporary permit Certified copy of license Duplicate of license Inactive license Application for license advanced practice registered nurse Application for license with temporary permit advanced practice registered nurse Application for renewal of license advanced practice registered nurse Application for reinstatement of license advanced practice registered nurse Application for authorization registered nurse anesthetist Application for authorization with temporary authorization - registered nurse anesthetist Application for biennial renewal of authorization registered nurse anesthetist Application for reinstatement of authorization registered nurse anesthetist Application for reinstatement of authorization with temporary authorization registered nurse anesthetist Verification of license to another state Application for exempt license professional and practical nurse Application for biennial renewal of exempt license professional and practical nurse Application for exempt license advanced practice registered nurse Application for biennial renewal of exempt license advanced practice registered nurse (b) The board may require that fees paid for any examination under the Kansas nurse practice act be paid directly to the examination service by the person taking the examination. (c) The board shall accept for payment of fees under this section personal checks, certified checks, cashier s checks, money orders or credit cards. The board may designate other methods of payment, but shall not refuse payment in the form of a personal check. The board may impose additional fees and recover any costs incurred by reason of payments made by personal checks with insufficient funds and payments made by credit cards. History: (L. 1949, ch. 331, 7; L. 1963, ch. 314, 4; L. 1973, ch. 249, 1; L. 1975, ch. 316, 6; L. 1978, ch. 347, 11; L. 1980, ch. 188, 1; L. 1986, ch. 233, 3; L. 1988, ch. 242, 2; L. 1992, ch. 135, 1; L. 1993, ch. 194, 12; L. 1997, ch. 158, 3; L. 1999, ch. 84, 5; L. 2011, ch. 114, 41; Jan.1, 2012.) a. Fees; consultants travel expenses. (a) The board shall collect fees provided for in this act as fixed by the board, but not exceeding: Application for approval schools and programs of nursing... $1, Annual fee of approval schools and programs of nursing Application for approval of continuing education providers Annual fee for continuing nursing education providers Approval of single continuing nursing education offerings Consultation by request, not to exceed per day on site (b) In addition to the above prescribed fees, consultants travel expenses shall be charged to the person, firm, corporation or institution requesting consultation services to be provided by the board. History: (L. 1981, ch. 244, 1; L. 1990, ch. 221, 3; L. 1992, ch. 135, 2; L. 1993, ch. 194, 13; L. 2001, ch. 161, 3; July 1.) Schools of nursing; approval; approval of providers of continuing education offerings; application fee; criteria for evaluating out-of-state schools, nationally accredited schools of nursing. (a) Application for approval. An approved school of nursing is one which has been approved as such by the board as meeting the standards of this act, and the rules and regulations of the board. An institution desiring to conduct an approved school of professional or practical nursing shall apply to the board for approval and submit satisfactory proof that it is prepared to and will maintain the standards and basic professional nursing curriculum or the required curriculum for practical nursing, as the case may be, as prescribed by this act and by the rules and regulations of the board. Applications shall be made in writing on forms supplied by the board and shall be submitted to the board together with the application fee fixed by the board. The approval of a school of nursing shall not exceed 10 years after the granting of such approval by the board. An institution desiring to continue to conduct an approved school of professional or practical nursing shall apply to the board for the renewal of approval and submit satisfactory proof that it will maintain the standards and basic professional nursing curriculum or the required curriculum for practical nursing, as the case may be, as prescribed by this act and by the rules and regulations of the board. Applications for renewal of approval shall be made in writing on forms supplied by the board. 8

17 Each school of nursing shall submit annually to the board an annual fee fixed by the board by rules and regulations to maintain the approval status. (b) Schools for professional nurses. To qualify as an approved school for professional nurses, the school must be conducted in the state of Kansas, and shall apply to the board and submit evidence that: (1) It is prepared to carry out the professional curriculum as prescribed in the rules and regulations of the board; and (2) it is prepared to meet such other standards as shall be established by this law and the rules and regulations of the board. (c) Schools for practical nurses. To qualify as an approved school for practical nurses, the school must be conducted in the state of Kansas, and shall apply to the board and submit evidence that: (1) It is prepared to carry out the curriculum as prescribed in the rules and regulations of the board; and (2) it is prepared to meet such other standards as shall be established by this law and the rules and regulations of the board. (d) Survey. The board shall prepare and maintain a list of approved schools for both professional and practical nurses whose graduates, if they have the other necessary qualifications provided in this act, shall be eligible to apply for a license as a registered professional nurse or as a licensed practical nurse. A survey of the institution or institutions and of the schools applying for approval shall be made by an authorized employee of the board or members of the board, who shall submit a written report of the survey to the board. If, in the opinion of the board, the requirements as prescribed by the board in its rules and regulations for an approved school for professional nurses or for practical nurses are met, it shall so approve the school as either a school for professional nurses or practical nurses, as the case may be. The board shall resurvey approved schools on a periodic basis as determined by rules and regulations. If the board determines that any approved school of nursing is not maintaining the standards required by this act and by rules and regulations prescribed by the board, notice thereof in writing, specifying the failures of such school, shall be given immediately to the school. A school which fails to correct such conditions to the satisfaction of the board within a reasonable time shall be removed from the list of approved schools of nursing until such time as the school shall comply with the standards. All approved schools shall maintain accurate and current records showing in full the theoretical and practical courses given to each student. (e) Providers of continuing nursing education. (1) To qualify as an approved provider of continuing nursing education offerings, persons, organizations or institutions proposing to provide such continuing nursing education offerings shall apply to the board for approval and submit evidence that the applicant is prepared to meet the standards and requirements established by the rules and regulations of the board for such continuing nursing education offerings. Initial applications shall be made in writing on forms supplied by the board and shall be submitted to the board together with the application fee fixed by the board. (2) A long-term provider means a person, organization or institution that is responsible for the development, administration and evaluation of continuing nursing education programs and offerings. Qualification as a long-term approved provider of continuing nursing education offerings shall expire five years after the granting of such approval by the board. An approved long-term provider of continuing nursing education offerings shall submit annually to the board the annual fee established by rules and regulations, along with an annual report for the previous fiscal year. Applications for renewal as an approved long-term provider of continuing nursing education offerings shall be made in writing on forms supplied by the board. (3) Qualification as an approved provider of a single continuing nursing education offering, which may be offered once or multiple times, shall expire two years after the granting of such approval by the board. Approved single continuing nursing education providers shall not be subject to an annual fee or annual report. (4) In accordance with rules and regulations adopted by the board, the board may approve individual educational offerings for continuing nursing education which shall not be subject to approval under other subsections of this section. (5) The board shall accept offerings as approved continuing nursing education presented by: Colleges that are approved by a state or the national department of education and providers approved by other state boards of nursing, the national league for nursing, the national federation of licensed practical nurses, the American nurses credentialing center or other such national organizations as listed in rules and regulations adopted by the board. (6) An individual designated by a provider of continuing nursing education offerings as an individual responsible for CNE who has held this position for the provider at least five years immediately prior to January 1, 1997, shall not be required to have a baccalaureate or higher academic degree in order to be designated by such provider as the individual responsible for CNE. 9

18 (f) Criteria for evaluating out-of-state schools. For the purpose of determining whether an applicant for licensure who is a graduate of a school of professional or practical nursing located outside this state meets the requirements of item (2) of subsection (a) of K.S.A and amendments thereto or the requirements of item (2) of subsection (a) of K.S.A and amendments thereto, as appropriate, the board by rules and regulations shall establish criteria for determining whether a particular school of professional nursing located outside this state maintains standards which are at least equal to schools of professional nursing which are approved by the board and whether a particular school of practical nursing located outside this state maintains standards which are at least equal to schools of practical nursing which are approved by the board. The board may send a questionnaire developed by the board to any school of professional or practical nursing located outside this state for which the board does not have sufficient information to determine whether the school meets the standards established under this subsection (f). The questionnaire providing the necessary information shall be completed and returned to the board in order for the school to be considered for approval. The board may contract with investigative agencies, commission or consultants to assist the board in obtaining information about schools. In entering such contracts the authority to approve schools shall remain solely with the board. (g) The board may accept nationally accredited schools of nursing as defined in rule and regulation. (1) Schools of nursing which have received accreditation from a board recognized national nursing accreditation agency shall file evidence of initial accreditation with the board and shall file all reports from the accrediting agency and any notice of any change in school accreditation status. The board may grant approval based upon evidence of such accreditation. (2) Schools of nursing holding approval based upon national accreditation are also responsible for complying with all other requirements as determined by rules and regulations of the board. (3) The board may grant approval to a school of nursing with national accreditation for a continuing period not to exceed 10 years. History: (L. 1949, ch. 331, 8; L. 1963, ch. 314, 5; L. 1973, ch. 249, 2; L. 1978, ch. 240, 5; L. 1980, ch. 188, 2; L. 1980, ch. 186, 2; L. 1981, ch. 244, 2; L. 1982, ch. 261, 3; L. 1983, ch. 207, 3; L. 1983, ch. 206, 9; L. 1983, ch. 206, 14; L. 1988, ch. 243, 2; L. 1990, ch. 221, 4, L. 1997, ch. 146, 2; L. 2001, ch. 161, 4; July 1.) Grounds for disciplinary actions; proceedings; witnesses; costs; professional incompetency defined; criminal justice record information. (a) Grounds for disciplinary actions. The board may deny, revoke, limit or suspend any license or authorization to practice nursing as a registered professional nurse, as a licensed practical nurse, as an advanced practice registered nurse or as a registered nurse anesthetist that is issued by the board or applied for under this act or may publicly or privately censure a licensee or holder of a temporary permit or authorization, if the applicant, licensee or holder of a temporary permit or authorization is found after hearing: (1) To be guilty of fraud or deceit in practicing nursing or in procuring or attempting to procure a license to practice nursing; (2) to have been guilty of a felony or to have been guilty of a misdemeanor involving an illegal drug offense unless the applicant or licensee establishes sufficient rehabilitation to warrant the public trust, except that notwithstanding K.S.A , and amendments thereto, no license or authorization to practice nursing as a licensed professional nurse, as a licensed practical nurse, as an advanced practice registered nurse or registered nurse anesthetist shall be granted to a person with a felony conviction for a crime against persons as specified in article 34 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 54 of chapter 21 of the Kansas Statutes annotated, or K.S.A Supp , , or , and amendments thereto; (3) to have committed an act of professional incompetency as defined in subsection (e); (4) to be unable to practice with skill and safety due to current abuse of drugs or alcohol; (5) to be a person who has been adjudged in need of a guardian or conservator, or both, under the act for obtaining a guardian or conservator, or both, and who has not been restored to capacity under that act; (6) to be guilty of unprofessional conduct as defined by rules and regulations of the board; (7) to have willfully or repeatedly violated the provisions of the Kansas nurse practice act or any rules and regulations adopted pursuant to that act, including K.S.A and and amendments thereto; (8) to have a license to practice nursing as a registered nurse or as a practical nurse denied, revoked, limited or suspended, or to be publicly or privately censured, by a licensing authority of another state, agency of the United States government, territory of the United States or country or to have other disciplinary action taken against the applicant or licensee by a licensing authority of another state, agency of the United States government, territory of the United States or country. A certified 10

19 copy of the record or order of public or private censure, denial, suspension, limitation, revocation or other disciplinary action of the licensing authority of another state, agency of the United States government, territory of the United States or country shall constitute prima facie evidence of such a fact for purposes of this paragraph (8); or (9) to have assisted suicide in violation of K.S.A , prior to its repeal, or K.S.A Supp , and amendments thereto, as established by any of the following: (A) A copy of the record of criminal conviction or plea of guilty for a felony in violation of K.S.A , prior to its repeal or K.S.A Supp , and amendments thereto. (B) A copy of the record of a judgment of contempt of court for violating an injunction issued under K.S.A Supp , and amendments thereto. (C) A copy of the record of a judgment assessing damages under K.S.A Supp , and amendments thereto. (b) Proceedings. Upon filing of a sworn complaint with the board charging a person with having been guilty of any of the unlawful practices specified in subsection (a), two or more members of the board shall investigate the charges, or the board may designate and authorize an employee or employees of the board to conduct such investigation. After investigation, the board may institute charges. If an investigation, in the opinion of the board, reveals reasonable grounds for believing the applicant or licensee is guilty of the charges, the board shall fix a time and place for proceedings, which shall be conducted in accordance with the provisions of the Kansas administrative procedure act. (c) Witnesses. No person shall be excused from testifying in any proceedings before the board under this act or in any civil proceedings under this act before a court of competent jurisdiction on the ground that such testimony may incriminate the person testifying, but such testimony shall not be used against the person for the prosecution of any crime under the laws of this state except the crime of perjury as defined in K.S.A Supp , and amendments thereto. (d) Costs. If final agency action of the board in a proceeding under this section is adverse to the applicant or licensee, the costs of the board s proceedings shall be charged to the applicant or licensee as in ordinary civil actions in the district court, but if the board is the unsuccessful party, the costs shall be paid by the board. Witness fees and costs may be taxed by the board according to the statutes relating to procedure in the district court. All costs accrued by the board, when it is the successful party, and which the attorney general certifies cannot be collected from the applicant or licensee shall be paid from the board of nursing fee fund. All moneys collected following board proceedings shall be credited in full to the board of nursing fee fund. All moneys collected following board proceedings shall be credited in full to the board of nursing fee fund. (e) Professional incompetency defined. As used in this section, professional incompetency means: (1) One or more instances involving failure to adhere to the applicable standard of care to a degree which constitutes gross negligence, as determined by the board; (2) repeated instances involving failure to adhere to the applicable standard of care to a degree which constitutes ordinary negligence, as determined by the board; or (3) a pattern of practice or other behavior which demonstrates a manifest incapacity or incompetence to practice nursing. (f) Criminal justice information. The board upon request shall receive from the Kansas bureau of investigation such criminal history record information relating to arrests and criminal convictions as necessary for the purpose of determining initial and continuing qualifications of licensees of and applicants for licensure by the board. History: (L. 1949, ch. 331, 9; L. 1963, ch. 314, 6; L. 1972, ch. 231, 10; L. 1975, ch. 316, 7; L. 1978, ch. 240, 6; L. 1981, ch. 245, 1; L. 1983, ch. 206, 10; L. 1985, ch. 88, 6; L ch, 233, 4; L. 1990, ch. 221, 5; L. 1993, ch. 194, 1, L. 1995, ch. 97, 2, L. 1997, ch. 158, 4; L. 1998, ch ; L. 2011, ch ; Jan. 1, 2012.) a. Judicial review of board s actions. (a) Any agency action of the board of nursing pursuant to the Kansas nurse practice act is subject to review in accordance with the Kansas judicial review act. (b) This section shall be part of and supplemental to the Kansas nurse practice act. History: (L. 1986, ch. 318, 145; L. 2010, ch. 17, 128; July 1.) Misdemeanors; penalties. It is a violation of law for any person, firm, corporation or association to: (a) Sell or fraudulently obtain or furnish any nursing diploma, license or record or aid or abet therein; (b) practice professional nursing, practical nursing or practice as an advanced practice registered nurse, unless duly licensed to do so; 11

20 (c) use in connection with such person s name any designation implying that such person is a licensed professional nurse, a licensed practical nurse or an advanced practice registered nurse unless duly licensed to practice under the provisions of the Kansas nurse practice act, and such license is then in full force; (d) practice professional nursing, practical nursing or as an advanced practice registered nurse during the time a license issued under the provisions of the Kansas nurse practice act shall have expired or shall have been suspended or revoked; (e) represent that a school for nursing is approved for educating either professional nurses or practical nurses, unless such school has been duly approved by the board and such approval is then in full force; (f) violate any provisions of the Kansas nurse practice act or rules and regulations adopted pursuant to that act; or (g) represent that a provider of continuing nursing education is approved by the board for educating either professional nurses or practical nurses, unless the provider of continuing nursing education has been approved by the board and the approval is in full force. Any person who violates this section is guilty of a class B misdemeanor, except that, upon conviction of a second or subsequent violation of this section, such person is guilty of a class A misdemeanor. History: (L. 1949, ch. 331, 11; L. 1963, 314, 7; L. 1975, ch. 316, 9; L. 1978, ch. 240, 8; L. 1983, ch ; L. 1993, ch. 194, 2; L. 2001, ch. 161, 5; L. 2011, ch. 114, 43; Jan. 1, 2012.) Injunctions. When it appears to the board that any person is violating any of the provisions of this act or that any person, firm, corporation, institution or association is employing (except as permitted under K.S.A and amendments thereto) a person to perform professional nursing or practical nursing in Kansas, who is not licensed under this act, the board may in its own name bring an action in a court of competent jurisdiction for an injunction against such violation or such employing, and the proper courts of this state may enjoin any person, firm or corporation, institution or association from violation of this act or such employing without regard to whether proceedings have been or may be instituted before the board or whether criminal proceedings have been or may be instituted. History: (L. 1949, ch. 331, 12; L. 1963, ch. 314, 8; L. 1975, ch. 316, 10; July 1.) ACTS WHICH ARE NOT PROHIBITED Acts which are not prohibited. No provision of this law shall be construed as prohibiting: (a) Gratuitous nursing by friends or members of the family; (b) the incidental care of the sick by domestic servants or persons primarily employed as housekeepers; (c) caring for the sick in accordance with tenets and practices of any church or religious denomination which teaches reliance upon spiritual means through prayer for healing; (d) nursing assistance in the case of an emergency; (e) the practice of nursing by students as part of a clinical course offered through a school of professional or practical nursing or program of advanced registered professional nursing approved in the United States or its territories; (f) the practice of nursing in this state by legally qualified nurses of any of the other states as long as the engagement of any such nurse requires the nurse to accompany and care for a patient temporarily residing in this state during the period of one such engagement not to exceed six months in length, and as long as such nurses do not represent or hold themselves out as nurses licensed to practice in this state; (g) the practice by any nurse who is employed by the United States government or any bureau, division or agency thereof, while in the discharge of official duties; (h) auxiliary patient care services performed in medical care facilities, adult care homes or elsewhere by persons under the direction of a person licensed to practice medicine and surgery or a person licensed to practice dentistry or the supervision of a registered professional nurse or a licensed practical nurse; (i) the administration of medications to residents of adult care homes or to patients in hospital-based longterm care units, including state operated institutions for the mentally retarded, by an unlicensed person who has been certified as having satisfactorily completed a training program in medication administration approved by the secretary of health and environment and has completed the program on continuing education adopted by the secretary, or by an unlicensed person while engaged in and as a part of such training program in medication administration; (j) the practice of mental health technology by licensed mental health technicians as authorized under the mental health technicians licensure act; (k) performance in the school setting of nursing procedures when delegated by a licensed professional nurse in accordance with the rules and regulations of the board; 12

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